Texas state DUI laws state that it is against the law to drive under the influence (DUI) of drugs and/or alcohol. Anyone who is operating a motor vehicle who has a BAC (Blood Alcohol Concentration) of 0.08% or more in considered to be driving under the influence:
Texas DUI laws – statute(s)
- T.C.A., Penal Code § 49.04.
Texas DUI laws – standard
- “A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.” V.T.C.A., Penal Code § 49.04(a). “Intoxicated” is defined as “not having the normal use of mental or physical faculties by reason of the introduction of . . . a controlled substance, a drug, a dangerous drug . . . into the body.” V.T.C.A., Penal Code § 49.01(2).
Texas DUI laws – applicable substances
- Controlled substance, drug or dangerous drug. DUI – affirmative defense None. “[T]he fact that the defendant is or has been entitled to use the . . . controlled substance, drug, dangerous drug, or other substance is not a defense.” V.T.C.A., Penal Code § 49.10.
Texas Per se – statute(s)
Texas Per se – standard
- N/A
Texas Per se – applicable substances
- N/A
Texas Per se – affirmative defense(s)
- N/A
Texas Implied consent – applicable drivers
- Person operating a motor vehicle in a public place in Texas. V.T.C.A., Transportation Code § 724.011(a).
Texas Implied consent – tests authorized
- Taking of one or more specimens of the person’s breath or blood for analysis. V.T.C.A., Transportation Code § 724.011(a).
Texas Implied consent – basis for test
- Driver must be arrested for an offense and LEO must have “reasonable grounds to believe” that the vehicle was operated while driver was intoxicated. V.T.C.A., Transportation Code § 724.012(a).
- LEO can require test if driver arrested for any offense arising out of operation of motor vehicle, if vehicle was involved in accident that caused serious injury or death. V.T.C.A., Transportation Code § 724.012.
Texas Implied consent – evidence of refusal
- A person’s refusal of a request by an officer to submit to the taking of a specimen of breath or blood, whether the refusal was express or the result of an intentional failure to give the specimen, may be introduced into evidence at the person’s trial. V.T.C.A., Transportation Code § 724.061.
